Thuli’s dream for 2017 is for Zuma to do his job

Former public protector advocate Thuli Madonsela’s dream for South Africa in 2017 is for President Jacob Zuma to “selflessly” appoint a commission of inquiry to complete her investigation into allegations of “state capture”.

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In an opinion editorial published by BizNews on Tuesday, Madonsela said the controversial allegations of improper conduct and corruption levelled against Zuma and his close friends, the Guptas, including several state officials “have poisoned political relations and hamstrung government while imprisoning whistle-blowers in a cloud of uncertainty.”

The respected advocate – who’s been credited with bringing the chapter 9 institution into the spotlight through her ground-breaking investigations against public office bearers – said she hopes the year ahead will see Zuma, as the country’s first citizen, accept his constitutional responsibility to probe “allegations of corruption or any other wrongdoing in state affairs when alerted to or put on notice about such.”

In her explosive report released in November last year, The State of Capture, Madonsela said there was no evidence indicating that the president did do anything to investigate claims made by Deputy Finance Minister Mcebisi Jonas that the Guptas had offered him the finance minister post in December 2015 before Nhlanhla Nene was sacked from his position.

This despite the fact that the allegations were already in the public domain.

“In my resolute faith in humanity and hope in the power of our shared love for the people of South Africa, I see President Zuma putting South Africa above self and politics by, among other [things], accepting that constitutional democracy dictates that the Public Protector or any other competent authority can cause him to do what he must when he is not doing so.

“Ultimately, I dream of a nation no longer prepared to tolerate impunity for wrong-doing and lies by any of the chief midwives of the constitutional promise. I see a nation, particularly its young persons, awakening and taking its destiny in its hands.

“I see a people no longer prepared to outsource matters of public power and resources to politicians, courts and other state institutions.

“I dream of a nation where agency is restored to the people. I see a people no longer willing to moan in despair about a dream deferred and potentially derailed. I see the emergence of a nation of midwives where every person sees themselves as their own liberator while being their neighbour’s keeper,” Madonsela wrote in her piece.

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She recommended that Zuma establish the inquiry to be headed by a judge solely selected by the chief justice‚ Mogoeng Mogoeng. However, Zuma has opted to challenge the report in court. He wants the report to be reviewed and its remedial action set aside.

In his founding affidavit to the Pretoria High Court he argues that it is unconstitutional for the public protector to dictate to him that he should set up the commission, as it straddles the separation of powers doctrine.

Madonsela is expected to join the law faculty at Stellenbosch University this year as chair in social justice in the department.